II UKN 14/01
AI generated
Social security body granting pension after cassation withdrawal is losing party under Civil Procedure Code Art. 98 § 1.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal and ordered the social security fund to pay the applicant's costs. The applicant had withdrawn her cassation after the fund granted her the requested pension, arguing this removed the need for Supreme Court review. The court held that because the fund fulfilled the applicant's claim, it constituted a losing party under Article 98 § 1 of the Civil Procedure Code, thereby obligating it to reimburse the litigation expenses.
Legislator headnote
AI generatedArt. 98 § 1 Kodeksu postępowania cywilnego; A social security body that grants the requested pension after the withdrawal of cassation is deemed the losing party and must bear the costs of the cassation proceedings.
Keywords
AI generated
losing party definition
social security pension
cassation withdrawal
costs of proceedings
civil procedure code
Cited Legislation
AI generatedArt. 98 § 1 Kodeksu postępowania cywilnego